A. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 17, 18, 19, 20 21, 22 – Limitation under DV Act -- Argument raised that the petition filed under the DV Act is barred by limitation, the same is not sustainable in view of the judgments that there is no limitation prescribed under the DV Act to institute claim seeking relief under Sections 17 to 22 of the DV Act.

(Para 5)

B. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 2(a), 2(f), 2Q), 2(s) – Aggrieved person -- Domestic relationship – Respondent -- Shared household – Under the provisions of this Act, the right to claim protection against a person on account of domestic violence is not limited to a wife only -- Definition of an ‘aggrieved person’ may be read in this context wherein an aggrieved person has been defined to mean any women, who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent -- Going further, the term ‘domestic relationship’ too has been defined, which means a relationship between two persons, who live or have, at any point of time, lived together in a shared household when they are related by consanguinity, marriage or through a relationship in the nature of marriage etc.

(Para 7)

C. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 2(a), 2(f), 2Q), 2(s), 12, 14, 17, 18, 19, 20, 22 -- Maintenance under DV Act -- Domestic relationship – Shared household – Void marriage – Ground of -- Argument that the complainant is not a legally wedded wife, as on the date of marriage she was not divorced from her husband has no merit -- Held, under the provisions of this Act, the right to claim protection against a person on account of domestic violence is not limited to a wife only -- There is no dispute that the petitioner was in a relationship as he married the complainant -- Question whether the marriage would be void or not is a matter of trial -- Courts below while granting interim maintenance to the tune of Rs.25,000/- per month qualified that the maintenance is subject to set off/adjustments of interim maintenance received by the respondent-complainant in the application under Section 24 of the Hindu Marriage Act – No ground is made out to interfere with the orders passed by the courts below and the same are upheld.

(Para 6-9)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(2) -- Cancellation of bail -- Bail once granted should not be cancelled unless some cogent case based on some supervening circumstance is brought to the notice of a Court.

(Para 5)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(2) -- Indian Penal Code, 1860 (45 of 1860), Sections 323, 406, 498-A and 120-B -- Cancellation of bail -- Non-recovery of dowry articles – Ground of -- Bail granted to an accused cannot be simply cancelled because of the non-recovery of some of the dowry articles.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Section 304-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 389 -- Dowry death – Appeal against conviction -- Suspension of sentence – Initially, applicant was declared innocent by the police during enquiry and she was summoned u/s 319 Cr.P.C. – Already undergone actual sentence of 04 years, 07 months and 29 days out of rigorous imprisonment for life – Case is covered by Dharam Pal's case, 1999(4) RCR (Criminal), 600 -- Appeal is not likely to be heard in the near future, the remaining sentence of applicant is ordered to be suspended during pendency of the appeal.

(Para 3)

Indian Penal Code, 1860 (45 of 1860), Section 376-AB – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- POCSO matter -- Bail to juvenile -- Rape with minor – Victim was just 01 year and 09 months old -- 11 prosecution witnesses remain to be examined -- Prima facie, there are very serious allegations levelled against the petitioner, for which the Court is not inclined to extend the concession of bail to the petitioner -- However, since the petitioner has been in custody since 09th August, 2019, the Juvenile Board/trial Court concerned is directed to expedite the trial and conclude the same expeditiously, preferably, on or before 30th November, 2021.

(Para 2-4)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12, 115 -- Indian Penal Code, 1860 (45 of 1860), Sections 376, 376AB -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – POCSO matter -- Rape with minor – Bail to juvenile -- Petitioner was declined bail on the ground that release of the petitioner on bail would defeat the ends of justice – Held, a juvenile can be denied the concession of bail, if any of the three contingencies specified under Section 12 (1) of the J.J. Act is available – J.J. Act is a beneficial legislation and gravity or seriousness of the offence would not be a ground to decline concession of bail to the juvenile – No purpose will be served in keeping the petitioner in custody -- Impugned orders are not sustainable in the eyes of law and as such, are liable to be set aside -- Petition allowed, petitioner is directed to be released on bail.

(Para 5-10)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Rape case – Quashing of FIR -- Respondent No.2 had lodged a complaint alleging, inter alia, that the appellant had committed an offence u/s 376 of the IPC -- Both the accused (appellant) and respondent No.2 were living together for a considerable while -- Complainant’s allegation is that the appellant duped her by misrepresenting to her that he is divorced -- Complainant, according to the accused, is not unmarried and her marriage subsists -- A child was born in the meanwhile as a consequence, a mediated settlement limited to the maintenance and upkeep of the child was arrived at by them -- Having regard to these facts and the submissions made on behalf of the complainant, who does not dispute that this may not be an appropriate case for pursuing the prosecution further -- Criminal proceedings must be quashed.

(Para 3-6)

A. Indian Evidence Act, 1872 (1 of 1872), Section 118 -- Child witness – Reliability of -- Criminal jurisprudence does not hold that the evidence of a child witness is unreliable and can be discarded -- A child who is aged about 11 to 12 years certainly has reasonably developed mental faculty to see, absorb and appreciate -- Evidence of a child witness alone can also form the basis for conviction -- Mere absence of any corroborative evidence in addition to that of the child witness by itself cannot alone discredit a child witness -- More so when he is the sole witness, a heightened level of scrutiny is called for.

(Para 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Statement u/s 313 Cr.P.C. – Value of -- Allegation that the appellant stuffed cloth in the mouth of the deceased was serious and specific against her – Held, in the absence of any question having been put to her in this regard u/s 313 Cr.P.C. the appellant has been seriously prejudiced in her defence -- Procedure u/s 313 CrPC is but a facet of the principles of natural justice giving an opportunity to an accused to present the defence -- Burden of proof on an accused in support of the defence taken u/s 313 CrPC is not beyond all reasonable doubt as it lies on the prosecution to prove the charge -- Accused has merely to create a doubt -- It will be for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the accused.

(Para 9, 10)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Indian Evidence Act, 1872 (1 of 1872), Section 118 – Dowry death/ Murder – Acquittal of Jethani -- PW-2/ Child witness was examined nearly one year after the occurrence -- Court has, therefore, to satisfy itself that all possibilities of tutoring or otherwise are ruled out and what was deposed was nothing but the truth -- According to PW-2, the appellant stuffed cloth in the mouth of the deceased, thereafter others tied her up and set her on fire leading to 95% burns -- He states that after the deceased had suffered burn injuries he had seen the entire scenario including the room where the burnt articles were kept including that he was a witness to his sister being put in a vehicle while being taken to the hospital -- He then states that the deceased in that condition was speaking -- At no stage has the witness deposed that the cloth was taken out from her mouth -- It stands to reason that if cloth was stuffed in the mouth of deceased she would have been unable to speak -- PW-8/ Doctor deposed that there was no cloth recovered from the mouth of the deceased -- He states that the mouth of the deceased was closed, the jaws were shut, no cloth was present in the mouth but burnt cloth was present on the whole body starting from the wrist -- More crucially he states that all the 32 teeth were intact – Blisters were present at various parts of the body but he does not talk about any blister being present in the mouth -- No injuries of any nature have been found inside the mouth neither has the cloth been found – Court not satisfied that the evidence of PW-2 attributing a specific role to the appellant is of such a sterling quality so as to inspire confidence in the court to base the conviction on the sole evidence of a child witness -- Appellant was a daughter-in-law like the deceased herself -- Nature of the evidence makes it highly unlikely that she would have engaged in such actions -- Benefit of doubt in the circumstances has to be given to the appellant.

(Para 7, 11-13)

Indian Penal Code, 1860 (45 of 1860), Section 323, 498-A, 304B – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Dowry death case -- Father-in-law and mother-in-law – Earlier anticipatory bail was granted with the observation that, after charge sheet is filed, it is open for the petitioners to surrender and apply for the Regular Bail before the Competent Court – Held, same does not preclude the petitioners to apply for anticipatory bail u/s 438 Cr.P.C. after filing of the charge sheet -- It also cannot be said, that same is a second application for grant of anticipatory bail -- Husband of the deceased was granted Regular Bail after he was arrested – Held, it is a fit case for grant of anticipatory bail.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 498-A, 406, 354-A (Section 377 added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Dowry case – Anticipatory bail – Non-recovery of dowry articles – Effect of – Stated that petitioner has joined the investigation, however, recovery of gold ornaments and a motorcycle, which were given and entrusted to the petitioner and his family at the time of marriage has not been effected – Held, entrustment of gold ornaments as alleged are disputed questions of fact and would be considered at the time of trial -- Petition is allowed and interim order made absolute.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Section 107, 304-B, 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 227 -- Dowry death – Abetment to suicide -- Discharge u/s 306 IPC – Permissibility of – High Court discharged the parents in law u/s 306 IPC -- Considering the totality of the circumstances and keeping in view the suicide notes as well as the statements of witnesses, respondents no.1 and 2 (parents in law) ought not to have been discharged of the offence u/s 306 IPC, especially when the charges u/s 304B IPC and other related sections had already been framed and confirmed – Order of High Court set aside.

(Para 10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 8 – Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 – Anticipatory bail by juvenile – Maintainability of -- Petition u/s 438 Cr.P.C. on behalf of the juvenile is not maintainable.

(Para 9)

Indian Penal Code, 1860 (45 of 1860), Section 406, 498-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Dowry case -- Criminal breach of trust – Anticipatory bail to parents-in-law -- Pursuant to order, passed by High Court, the petitioners have joined the investigation –Contended that certain dowry articles have yet not been returned by the petitioners -- A perusal of the FIR does not reveal that there is any allegation much less whisper against the petitioners of entrustment of any dowry article at the time of the marriage of their son to the complainant – In the circumstances, Court failed to comprehend as to which jewellery/gold ornaments are required to be recovered from the petitioners -- Petition allowed, interim order made absolute.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Third regular bail application -- Rape case – Prosecutrix turned hostile -- Similarly, her husband also resiled from the statement recorded earlier before the Addl. Sessions Judge -- Petitioner is stated to be the husband of the Bua – Since the parties are closely related and the complainant had not supported her own case, Court is of the opinion that no tangible purpose would be served by keeping the petitioner in further custody since the trial is likely to take some time to conclude.

(Para 2-4)

Indian Penal Code, 1860 (45 of 1860), Section 304-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Dowry death – Regular bail -- Co-accused father-in-law and brother-in-law have already been granted bail -- No suicide note left by the deceased – Petitioner/mother-in-law is in custody since 1.3.2021 -- Investigation is complete, challan has been presented -- There are no allegations in the FIR with regard to any physical injury etc being inflicted by the petitioner -- Conclusion of trial is likely to take time; no useful purpose would be served by keeping the petitioner behind bars and more-over considering the age of the petitioner, she is granted bail.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 376, 120-B – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 – Immoral Traffic (Prevention) Act, 1956 (104 of 1956), Sections 4, 5, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 – Suspension of sentence – Applicant undergone sentence of 3 years, 11 months and 23 days out of 7 years -- No other case pending against him -- Appeal being of the year 2020 is not likely to be heard in near future, so taking into consideration the period undergone and the attending circumstances and the fact that sentence of co-accused of applicant has already been suspended, sentence of applicant/appellant No.2 suspended during the pendency of the appeal.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Abetment to suicide -- Regular bail -- Custody of 03 months and 03 days – Challan has already stands presented and the petitioner is the sister-in-law of the deceased – Court find in agreement with the arguments raised by the counsel for the petitioner that any further incarceration of the petitioner is not warranted in the case -- Petition is allowed.

(Para 2-6)

A. Indian Penal Code, 1860 (45 of 1860), Section 304-B – Dowry death – Object of -- It endeavors to address those situations wherein murders or suicide are masqueraded as accidents.

(Para 22)

B. Indian Penal Code, 1860 (45 of 1860), Section 304-B – Indian Evidence Act, 1872 (1 of 1872), Section 113-B – Dowry death – Presumption of -- Doctor found the smell of kerosene oil on the body of the deceased who had suffered 85% burn injuries -- As the death was relatable to burn injuries within seven years of marriage, it clearly satisfies the first two ingredients of the offence – Evidence, when the brother of the deceased visited her in the matrimonial house after one month of marriage on the occasion of Raksha Bandhan, the deceased had disclosed that the accused, husband and mother-in-law, used to physically harass her on the account of bringing insufficient dowry -- Furthermore, the accused persons had made a specific demand of a scooter -- She was brought back to her paternal house where this fact was disclosed to father -- Only a month prior to her death, the deceased had returned to her matrimonial house -- However, the accused still used to harass the deceased for dowry -- Aforesaid fact was revealed by the deceased to her father, when she had come to visit him -- Chain of circumstances proves that there existed a live and proximate link between the instances of demand of dowry and the death of the deceased -- Since the ingredients of Section 304-B, IPC stand satisfied, the presumption u/s 113-B, Evidence Act operates against the appellants, who are deemed to have caused the offence specified u/s 304-B of IPC.

(Para 23-28)

C. Indian Penal Code, 1860 (45 of 1860), Section 306 – Indian Evidence Act, 1872 (1 of 1872), Section 113-A – Suicide by wife – Presumption of -- For the offence u/s 306, IPC the prosecution needs to first establish that a suicide has been committed -- Prosecution must also prove that the person who is said to have abetted the commission of suicide, has played an active role in the same -- With respect to this latter requirement, Section 113-A, Evidence Act creates a presumption against the husband and/or his relative with respect to the abetment of suicide of a married woman, under certain conditions -- Not going into the other conditions, a perusal of the provision indicates that such presumption shall be attracted only if the factum of suicide has been established by the prosecution first.

(Para 33)

D. Indian Penal Code, 1860 (45 of 1860), Section 304-B – Indian Evidence Act, 1872 (1 of 1872), Section 113-B – Dowry death – Presumption of -- Rebuttal of -- Section 304-B, IPC read with Section 113-B, Evidence Act can be summarized below:

i. Section 304-B, IPC must be interpreted keeping in mind the legislative intent to curb the social evil of bride burning and dowry demand.

ii. The prosecution must at first establish the existence of the necessary ingredients for constituting an offence under Section 304-B, IPC. Once these ingredients are satisfied, the rebuttable presumption of causality, provided under Section 113-B, Evidence Act operates against the accused.

iii. The phrase “soon before” as appearing in Section 304-B, IPC cannot be construed to mean ‘immediately before’. The prosecution must establish existence of “proximate and live link” between the dowry death and cruelty or harassment for dowry demand by the husband or his relatives.

iv. Section 304-B, IPC does not take a pigeonhole approach in categorizing death as homicidal or suicidal or accidental. The reason for such non categorization is due to the fact that death occurring “otherwise than under normal circumstances” can, in cases, be homicidal or suicidal or accidental.

v. Due to the precarious nature of Section 304-B, IPC read with 113-B, Evidence Act, Judges, prosecution and defence should be careful during conduction of trial.

vi. It is a matter of grave concern that, often, Trial Courts record the statement under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense. It ought to be noted that the examination of an accused under Section 313, CrPC cannot be treated as a mere procedural formality, as it based on the fundamental principle of fairness. This aforesaid provision incorporates the valuable principle of natural justice “audi alteram partem” as it enables the accused to offer an explanation for the incriminatory material appearing against him. Therefore, it imposes an obligation on the court to question the accused fairly, with care and caution.

vii. The Court must put incriminating circumstances before the accused and seek his response. A duty is also cast on the counsel of the accused to prepare his defense since the inception of the Trial with due caution, keeping in consideration the peculiarities of Section 304-B, IPC read with Section 113-B, Evidence Act.

viii. Section 232, CrPC provides that, “If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal”. Such discretion must be utilized by the Trial Courts as an obligation of best efforts.

ix. Once the Trial Court decides that the accused is not eligible to be acquitted as per the provisions of Section 232, CrPC, it must move on and fix hearings specifically for ‘defence evidence’, calling upon the accused to present his defense as per the procedure provided under Section 233, CrPC, which is also an invaluable right provided to the accused.

x. In the same breath, Trial Courts need to balance other important considerations such as the right to a speedy trial. In this regard, we may caution that the above provisions should not be allowed to be misused as delay tactics.

xi. Apart from the above, the presiding Judge should follow the guidelines laid down by this Court while sentencing and imposing appropriate punishment.

xii. Undoubtedly, as discussed above, the menace of dowry death is increasing day by day. However, it is also observed that sometimes family members of the husband are roped in, even though they have no active role in commission of the offence and are residing at distant places. In these cases, the Court need to be cautious in its approach.

(Para 36)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(f), 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Victim resiled -- Petitioner has been behind bars for a substantial period of more than 1 year -- Further detention of the petitioner will not serve any useful purpose -- Petition accepted and the petitioner is ordered to be released on regular bail.

(Para 1, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 365, 366-A, 376, 467, 468, 420, 471 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Rape and kidnapping – Regular bail -- Detention for more than six months – As per Voter I. Card and statement given by her before the Ld. Chief Judicial Magistrate/Duty Magistrate, her Date of Birth happens to be 07.08.2001 -- She further stated that she had married the petitioner at her own will on 13.10.2020 and wanted to live with him – Prosecutrix is now residing with her parents, it would be fair to assume that the petitioner even if now released on bail would not be in a position to exert any undue influence or administer threat upon her -- Trial is likely to take its own considerable time to complete due to ongoing covid-19 pandemic, the prayer of the petitioner for regular bail is allowed.

(Para 1-3)

Indian Penal Code, 1860 (45 of 1860), Section 376 (offences u/s 109, 328, 354-B, 506, 509 IPC added later on) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Rape case -- Anticipatory bail -- Complainant as of now is about 51 years of age having grandson and was on visiting terms with the family of the petitioner and visited Singapore and Malaysia with the petitioner -- There are entries of matrimonial status in the passport and joint affidavit of the parties, which according to the petitioner were prepared in order to ward off any objection in the foreign country for living smoothly – allegation of consensual relationship under the pretext of marriage -- Complainant was also married from whom she has not taken any divorce by lawful mechanism except to allege that a Panchayati divorce -- Parties are in advance stage of their life -- Both are having families -- Petitioner being already married is evident from the photographs of birthday celebration of son of the petitioner, which was attended by the complainant and her son – In the light of consensual relationship, it would remain debatable as to whether offence under Section 376 IPC is attracted or not -- Petition allowed.

(Para 8-10)

A. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 18, 20 -- Domestic violence – Prima facie case -- Summoning of -- Section 18 of the 2005 Act stipulates for a protection order in favour of a woman -- Section 20 of the 2005 Act deals with the monetary relief to the aggrieved party and the same can be granted by a Court -- Before issuing notice, the learned Magistrate has to be prima facie satisfied that there have been instances of a domestic violence.

(Para 22)

B. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 18, 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of summoning order -- Abuse of process of law – Petitioners, mother-in-law aged 65 years is 40% disabled from eyes, and is suffering from old age ailments, father-in-law, aged 73 years, is a chronic kidney patient and has been on dialysis thrice a week and married sister-in-law is a Government Teacher and since her marriage in 2009, she has been residing in her matrimonial home and looking after her two minor children -- A pure matrimonial dispute between husband and wife, has been given a colour of the proceedings under the 2005 Act so as to rope in hapless parents-in-law and a married sister-in-law -- They have been roped in with an oblique motive to harass and mentally torture them -- Moreover, the allegations leveled in the complaint are vague, general and omnibus in nature -- Proceedings qua the petitioners, are nothing, but a clear abuse of process of law -- Summoning order and all consequential proceedings arising therefrom, are quashed, qua the petitioners.

(Para 33-36)

Indian Penal Code, 1860 (45 of 1860), 304-B, 406, 498-A, 302 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211, 216, 401 -- Dowry death case – Charge of Murder – Requirement of -- Charges framed u/s 304-B, 406, 498-A IPC – Prayer to add 302 IPC -- Perusal of contents of the FIR itself reveals that the complainant had raised only a suspicion qua the deceased having been poisoned to death – If during trial any new evidence comes on record, the trial Court concerned is fully competent u/s 216 Cr.P.C., to add and/or alter any such charge as it may deem fit -- Acid test would be based on the material, which may come to light during the course of the trial -- Petition dismissed.

(Para 5-11)

A. Indian Penal Code, 1860 (45 of 1860), Sections 302, 364A, 376, 216, 120B – Indian Evidence Act, 1872 (1 of 1872), Section 11, 106 -- Murder -- Rape -- Kidnapping -- Out of three eye-witnesses, two witnesses, turned hostile and did not support the case of the prosecution -- Both these witnesses are close relations of the victim and there is nothing on record to indicate that they were either put under any pressure or that there was any element of suspicion -- Both these witnesses were categorical that the persons who kidnapped the victim were not before the Court in the capacity as the accused – Third witness-informant, the father of the victim, reporting made by this witness, based on which the crime was registered neither shows that he was an eye-witness to the occurrence nor does it disclose that the identity of the accused who had kidnapped the victim was in any way known at the stage when the occurrence took place -- Thus, all three witnesses who were claimed to be the eye-witnesses to the occurrence and on whose testimonies, reliance was placed by the prosecution, are of no help.

(Para 20, 21)

B. Indian Penal Code, 1860 (45 of 1860), Sections 302, 364A, 376, 216, 120B – Indian Evidence Act, 1872 (1 of 1872), Section 11, 106 -- Murder -- Rape -- Kidnapping -- Circumstantial evidence – Though the post-mortem report discloses that the victim was sexually assaulted, the FSL Report on record does not establish any connection of the accused with the sexual assault on the deceased victim -- Dead body of the victim was found lying in an open field -- Record is again not clear as to when the present appellants were arrested and how and in what manner their disclosure statements led to the recovery of the dead body – There are of course circumstances like recovery of clothing apparel as well as tiffin box etc. belonging to the victim -- However, such recoveries by themselves, in the absence of any other material evidence on record pointing towards the guilt of the accused, cannot be termed sufficient to hold that the case was proved beyond reasonable doubt -- Not only those circumstances are not conclusive in nature but they also do not form a cogent and consistent chain so as to exclude every other hypothesis except the guilt of the appellants -- Held, prosecution has not been proved beyond reasonable doubt, and the appellants are entitled to the benefit of doubt -- Conviction and sentence set aside.

(Para 24-27)

A. Indian Penal Code, 1860 (45 of 1860), Section 498-A, 304-B -- Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Evidence Act, 1872 (1 of 1872), Section 113-B -- Dowry death – Regular bail -- Plea in bail application that the deceased was “suffering from severe headache and was mentally disturbed since the past nine months” and that she was taken to a doctor by the first respondent -- Medical prescription, would prima facie indicate that there was no serious ailment -- Medical prescription of the Ayurvedic doctor and the remedies prescribed belie such a claim -- Prima facie, there are serious allegations in the FIR in regard to the harassment suffered by the deceased in close proximity to her death over demands for dowry by the accused -- In view of the provisions of Section 304-B of the IPC, as well as the presumption which arises u/s 113-B of the Evidence Act, the High Court was clearly not justified in granting bail.

(Para 9)

B. Indian Penal Code, 1860 (45 of 1860), Section 498-A, 304-B -- Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Dowry death – Regular bail – Setting aside of -- Order of the High Court granting bail contains absolutely no reasons at all -- High Court has merely recorded the submissions and in the extract proceeded to grant bail without any evaluation of the rival submissions – Seriousness of the alleged offence has to be evaluated in the backdrop of the allegation that she was being harassed for dowry; and that a telephone call was received from the accused in close-proximity to the time of death, making a demand -- An order without reasons is fundamentally contrary to the norms which guide the judicial process – Order of the High Court granting bail set aside.

(Para 10-13)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2) (N), 506 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Sections 3 (W) (I) and 3 (2) (V) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape case – Repeated complaints – Regular bail -- Prosecutrix is a married woman -- She lodged F.I.R. u/s 376 IPC against another person, who has been acquitted in the case -- Further got registered an F.I.R u/s 376 IPC against another, who was also acquitted -- Similarly she got one more F.I.R registered – Petitioner is behind bars for more than eight months and petitioner is not said to have any past criminal record, Court find it a fit case to accept the present petition and grant benefit of regular bail to the petitioner.

(Para 9-10)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 363, 366-A, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 3, 4 -- Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 – POCSO case – Bail to juvenile -- No reasonable explanation or finding given as to how the petitioner, if released on bail, would come into association with any known criminals -- Petitioner who is a juvenile, is in judicial custody since 14.10.2019 -- Both the Courts below have not referred to any social investigation report prepared by the respondent-State, as to the background of the petitioner or with whom he associates with -- To reject the appeal on a presumption that he would come into association with any criminal is wholly unjustified – Impugned orders are not sustainable in the eyes of law and as such, are liable to be set aside -- Revision petition allowed, petitioner directed to be released on bail.

(Para 4-6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 6, 8 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Hostile witnesses -- Regular bail -- Prosecutrix and her mother have not supported the prosecution version while appearing in the witness box and have been declared hostile -- Petitioner has been in custody since 13.1.2020 -- Trial will take time to conclude because of Covid-19 pandemic -- No useful purpose would be served by keeping the petitioner behind the bars – Petition allowed.

(Para 1, 6, 7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 216 -- Indian Penal Code, 1860 (45 of 1860), Section 354, 376-D -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 -- POCSO matter -- Rape – Alteration of charge -- In FIR and statement u/s 164 Cr.P.C. made by the victim, she has not specifically alleged rape and has only stated that the accused tried to outrage her modesty – Victim is 17 year old, when was medically examined, it was disclosed to the Doctor concerned that the victim had been raped -- Report of FSL also discloses that human semen was detected from the under-garments and from the vaginal swabs – No infirmity, whereby the trial Court has proceeded to alter the charges so as to frame charges for offences u/s 376D IPC and Section 6 of the POCSO Act.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 376(3) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 53-A, 173 -- POCSO matter -- Blood sample for DNA test -- Investigaiton report already filed – Permissibility of -- Petitioner is facing a charge of committing repeated rape on the prosecutrix, who was less than 16 years of age and also for committing penetrative sexual assault upon her – Trial Court allowed the application for DNA test – Revision challenging the order -- Held, mere fact that application has been filed after submission of report u/s 173 Cr.P.C. is no ground to entertain revision petition as charges are yet to be framed.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 366, 323, 354-B, 347, 506 -- Arms Act, 1959 (54 of 1959), Sections 25, 54, 49 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case -- Regular bail -- Person with whom the prosecutrix got married i.e. the petitioners' brother, and other co-accused, have been admitted to anticipatory bail by High court -- Petitioners' brother and the prosecutrix had earlier filed petition seeking protection of life and liberty upon having married each other – Testimony of the prosecutrix does not support the case of the petitioner, yet, keeping in view the entire circumstances, petition allowed – Order admitting the petitioner to interim bail, made absolute.

(Para 5-7)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366, 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Rape – Regular bail – Compromise -- Since the investigation is complete and the challan has already been presented and a compromise has been arrived at between the parties, no useful purpose would be served in keeping the petitioner behind bars -- Petition allowed and the petitioner is directed to be released on regular bail.

(Para 4)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 420, 494 495 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Regular bail -- Petitioner married the complainant – Thereafter, the complainant came to know that divorce proceedings of the petitioner with his ex-wife were pending -- FIR was lodged – Petitioner in custody since 08.01.2021 – A compromise has already been effected between the parties -- Trial of the case would take long time to conclude -- Petition allowed and the petitioner is ordered to be released on bail.

(Para 3-11)

Indian Penal Code, 1860 (45 of 1860), Section 344, 366, 34 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 235, 360 – Kidnapping case -- Appellant/ accused no. 4 & 5 are not a main accused – Sentence reduce to 3 months/ already undergone -- Many factors which may not be relevant to determine the guilt, must be seen with a human approach, at the stage of sentencing -- Main accusation was against accused no.1, who is convicted for offences punishable under Sections 344, 366, IPC and Section 6 of POCSO Act and sentenced to undergo imprisonment for a period of 10 years -- Even in the complaint, it was mentioned that accused no.1 was in love with the victim girl PW-2 -- It is also the case of the appellants that PW-1 was not a direct witness to the incident and PW-2 has been tutored by PW-1 -- Alleged incident is of the year 2014 and appellants (accused no. 4 & 5) have already served sentence of about three months and paid fine amount -- Pleaded that there is no one to take care of their minor son and old age parents -- Sentence modified for the period already undergone -- Appellants ordered to be released forthwith.

(Para 11)

Indian Penal Code, 1860 (45 of 1860), Section 376, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Rape case – Anticipatory bail -- Petitioner is a ‘Captain’ in Army and that the complainant is a matured educated lady aged about 32 years who is working as a Lecturer, complainant and petitioner were friends and there had been physical relationship amongst them on several occasions -- FIR lodged when the relationship went sour subsequently – On these contentions ad-interim bail was granted – Petitioner has joined investigation and is not required for any custodial interrogation -- Alleged rape would be debatable -- Petition accepted and the interim directions made absolute.

(Para 2-4)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 376, 376-D -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 6, 17 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Rape – Regular bail – Compromise -- Parties are stated to have amicably resolved their issues and while also noticing that the petitioner in any case has been behind bars since the last about 10 months, further detention of the petitioner will not serve any useful purpose -- Petition, as such, accepted and the petitioner is ordered to be released on bail.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape case – Relation on pretext of marriage – Non-performing of marriage -- Quashing of FIR -- From the contents of the FIR as well as the statement u/s 164 of CrPC three important features emerge: (i) The relationship between the appellant and the second respondent was of a consensual nature; (ii) The parties were in the relationship for about a period of one and a half years; and (iii) Subsequently, the appellant had expressed a disinclination to marry the second respondent which led to the registration of the FIR – Held, for the purposes of considering the application for quashing u/s 482 of CrPC, no offence has been established -- No allegation that the promise to marry was false at the inception on the contrary, from the contents of the FIR appears that there was a subsequent refusal – Held, High Court was in error in declining to entertain the petition u/s 482 of CrPC – Appeal allowed, impugned judgment and order of the High Court set aside -- Charge sheet in pursuance of the investigation and order of the trial Court taking cognizance shall stand quashed and set aside.

(Para 8-12)

Indian Penal Code, 1860 (45 of 1860), Section 498-A, 406 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail – Non-recovery of dowry articles – Effect of -- Petitioner was granted ad-interim anticipatory bail – In the FIR u/s 498-A and 406 IPC, interim bail cannot be rejected on the ground that dowry articles have not been returned – Petitioner joined the investigation, order granting interim bail to the petitioner, is made absolute. Bhupinder Singh’s case 2014(2) RCR (Criminal) 109 relied.

(Para 3-8)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 506, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case -- Anticipatory bail -- On submission that petitioner and the prosecutrix were willing to marry each other and it was only because of refusal by the mother of the petitioner that the marriage could not be solemnised and he is still ready and willing to marry with the prosecutrix, no MLR because the FIR is 9 months after the alleged occurrence, delay would certainly be material, interim bail was granted to join the investigation -- Petitioner has joined the investigation and is not required for further investigation of the case -- Interim order made absolute.

(Para 3, 4)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 -- Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A (Section 376 IPC and Section 4 of the POCSO Act, 2012 added later on) – Rape with minor – Regular bail -- Compromise – Prosecutrix is now almost 18, compromise states that the petitioner and prosecutrix were in a relationship -- Petitioner is 24 year of age -- In view of the above, especially when the petitioner is in custody for over a year, he is not involved in any other criminal case, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 1, 2, 6)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Regular bail -- Compromise between parties -- Complainant/prosecutrix’s counsel stated that it is correct that affidavit has been furnished by the complainant before the police that she does not want to proceed with the prosecution – Held, there can be no compromise in serious offences like under Section 376 IPC in normal circumstances, however, for the purpose of considering the grant of regular bail various other factors are to be seen, at this stage -- Petitioner is in custody for the last approximately six months and investigation is already complete and report under Section 173 Cr.P.C. stands presented -- Trial of the case may take long time, this Court deemed it fit and proper to allow the present petition.

(Para 6-9)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape case – Compromise quashing of FIR -- Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue -- Accordingly, FIR u/s 376 IPC, and all the consequential proceedings, arising therefrom, are quashed qua the petitioners on the basis of compromise.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 304-B, 498-A, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Dowry death case – Proclaimed absconder -- Accused was not in India at the time of incident – Contention that service of summons never effected/ co-accused acquitted -- On interim direction petitioner has surrendered before the trial Court, joined the proceedings and has been released on interim bail – As such the purpose for which the proceedings u/s 82 Cr.P.C. have been initiated stand achieved and the petitioner no longer remains an absconder – Bail order made absolute.

(Para 7-11)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 -- Indian Penal Code, 1860 (45 of 1860), Sections 376, 506 & 34 (offences u/s 363, 366-A, 120-B & 109 IPC added later on) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape case – Regular bail -- Detention for 1 year, 2 months and 8 days -- Evidence of the material witnesses including Prosecutrix recorded – As per MLR there is “no evidence of any injury anywhere on the body, breast well developed. Axillary and Pubic Hair present. No Injury anywhere on external genitalia” -- Chemical Examiner's Report is also not helpful to the prosecution case -- In view of the long detention undergone by the petitioner as also the fact that the deposition of the material witnesses including the Prosecutrix have already been recorded, on account of which, there is no possibility of their being subjected to any kind of threat or pressure, at this stage, the prayer of the petitioner for regular bail allowed.

(Para 2-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 311 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6, 8 -- Indian Penal Code, 1860 (45 of 1860), Section 376-AB, 354A(I) – Rape case – Recall of minor witness/victim – Alleged that letter by victim stating about registration of wrong complaint -- Considering the fact that the victim/PW as duly supported the prosecution version and has proved the original complaint (Ex. P-1), which is in her own handwriting, and also in view of the fact that medical evidence duly supports the allegations of penetrative sexual assault on the victim, Court find no ground to allow the application to recall the victim/PW – Petition dismissed.

(Para 1,2,10)

Indian Penal Code, 1860 (45 of 1860), Sections 365, 323, 506, 142, 427, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Abduction case – Compromise quashing of FIR -- Parties on intervention of respectables have decided to patch up their difference.  -- Nothing to show that nature of the injuries were serious -- To meet the ends of justice and that no useful purpose would be served by continuing with the trial, FIR alongwith all consequent proceedings arising therefrom quashed.

(Para 9)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), section 482 -- Rape case – Compromise quashing of FIR – Complainant solemnized marriage with petitioner – Keeping in view the report by the Trial Court that the parties have genuinely entered into a compromise and all the disputes between the parties have been resolved, it would not be in the interest of justice to continue the criminal proceedings -- Resultantly, FIR as well as all the subsequent proceedings arising therefrom, stand quashed.

(Para 7,11,12)

Constitution of India, Article 32 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 357-A – Indian Penal Code, 1860 (45 of 1860), Section 376 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 -- Writ jurisdiction -- Rape victim – Rights of -- Held, petitioner being a rape victim deserves treatment as rape victim by all the authorities – A rape victim suffers not only a mental trauma but also discrimination from the society – Petitioner has two sons and one daughter – One son major, two children of the petitioner are still minor – Section 357A of the Cr.P.C provides procedure for grant of compensation, the petitioner had already made application to seek compensation under the above Scheme and payment of compensation has already been made. Directions given :

-- The Deputy Commissioner, to take measure to ensure that minor children of the petitioner are provided free education in any of the Government Institutions in District where the petitioner is residing till they attain the age of 14 years.

-- The Deputy Commissioner may also consider the case of the petitioner for providing house under Prime Minister Awas Yojna or any other Central or State Scheme in which petitioner could be provided accommodation.

-- The Senior Superintendent of Police, and other competent authority shall review the Police security provided to the petitioner from time to time and take such measures as deem fit and proper.

-- The District Legal Services Authority on representation made by the petitioner shall render legal services to the petitioner as may be deemed fit to safeguard the interest of the petitioner.

(Para 16-19, 25-27)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 376-D, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Rape – Regular bail -- Previously also FIR was registered against the petitioner and other accused for the offences punishable u/s 376-D, 365, 323, 506 IPC and Section 6 POCSO Act, 2012, whereby a cancellation report submitted by the police has been accepted after hearing the complainant -- On similar allegations, the present FIR has been registered -- Affidavits given by the complainant and her daughter, wherein they have retracted from the allegations – Final report was filed on 06.02.2020, but the charges are yet to be framed -- Considering the custodial period of the petitioner, his further detention behind the bars may not be necessary -- Outbreak of pandemic COVID-19 may delay the conclusion of trial -- Petition allowed.

(Para 4-7)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 417, 506 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape case -- Compromise quashing of FIR -- Perusal of the FIR goes to show that this is a case of physical intimacy between two consenting adults -- Complainant, who was of the age of 29 years at the relevant time in the year 2019 had only alleged that she had been allured by the accused/petitioner on the proposition of marriage -- It was never her case that at any time any actual force was resorted to on behalf of the petitioner – Complainant has herself compromised the dispute with the petitioner/accused -- F.I.R with all consequential proceedings arising therefrom, quashed qua the petitioner.

(Para 2, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 498-A, 377, 506, 34 (Section 376(2)(n) IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Rape case – Unnatural offence -- Live-in relationship – Anticipatory bail – Promise to marry, resiled after selection as constable – In FIR complainant has stated that she had been socially divorced and leading a single lady life she had been in a live-in-relationship with the petitioner since 2016 and before that she was leading a single lady life --  Interim bail was granted to join Investigaiton – Petitioner has joined the investigation and is not required for any further investigation – Petition allowed.

(Para 3-6)